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NY S04167
Bill
Status
2/3/2023
Primary Sponsor
Brad Hoylman-Sigal
Click for details
AI Summary
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Prohibits use of condoms and other reproductive or sexual health devices as evidence in prosecutions for prostitution-related offenses under Penal Law Article 230 or related statutes.
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Defines "reproductive or sexual health device" to include condoms, lubricants, PrEP, PEP, HIV medications, spermicide, hormonal contraceptives, emergency contraception, diaphragms, cervical caps, and sponges.
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Amends Criminal Procedure Law Section 60.47 and adds Civil Practice Law Section 4519-b to prevent evidence of possession from establishing probable cause for arrest or proving commission of prostitution offenses.
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Requires law enforcement training on the evidentiary prohibition and prohibition against unauthorized seizure or confiscation of these devices as a breach of public policy.
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Takes effect November 1 following enactment.
Legislative Description
Provides that possession of a condom or other reproductive or sexual health device may not be received in evidence in any trial, hearing or proceeding as evidence of conduct which would constitute an offense defined in article 230 of the penal law.
Last Action
REPORTED AND COMMITTED TO CODES
3/12/2024